Fruit Tree Material Invoice Payment Site

Please refer to your CPCNW invoice so you can enter the invoice number and amount due in the form fields below.

Select one of the options below to proceed:

Please indicate whether the material to be submitted has been genetically modified:

Authorizing Agent's First Name:First Name:

Authorizing Agent's Last Name:Last Name:

Company Name:

Authorizing Agent's Email Address:Email Address:

Invoice Number:

Amount Due (please enter as 1,234.00):

$

Please review the terms and conditions below. By completing this transaction, you agree to the terms and conditions. After you click "Submit" you will be prompted to enter your credit card information.

WSU Clean Plant Center Northwest for Fruit Trees

Testing Terms and Conditions

1. PAYMENT: Sponsor shall pay the agreed price for the requested testing and/or therapy at the time budwood is submitted. This is a firm, fixed-price agreement (hereinafter referred to as “Agreement”). The fee is earned upon signature of this Agreement, receipt of proprietary material, and payment of fee.

2. LIMITED ASSURANCE: Washington State University Clean Plant Center Northwest for Fruit Trees (“WSU/CPCNW-FT”) assures that the testing and therapy services provided are in accordance to WSU/CPCNW-FT protocol as described at the WSU/CPCNW-FT web site (http://healthyplants.wsu.edu/fruit-trees/virus-testing-services/). However, the Sponsor acknowledges there will be some normal and anticipated adaptations to those procedures to achieve the ultimate goal of securing a tree that tests free of targeted virus and virus-like agents. No other assurances of any kind are expressed or implied.

3. SPONSOR AGREES:

To provide the required propagating material of the clone using established project procedures and in accordance with USDA-APHIS and WSDA requirements, where applicable.

To provide in writing, fax or email any authorizations for desired distribution of propagating materials of the clone to any private or public person or entity. The authorizing agent designated in this agreement will provide said authorization.

To provide in writing, fax or email authorization to destroy material at conclusion of contracted retention period, or to renew retention contract. The authorizing agent designated in this agreement will provide said authorization. If the authorizing agent designated in this contract does not renew the retention contract prior to expiration of existing contracts, WSU/CPCNW-FT reserves the right to destroy the material.

To pay for said services at WSU/CPCNW-FT prices in effect on the date of the order. The authorizing agent designated in this agreement is responsible for said payments.

The proper identification and genetic stability of the clone is the responsibility of the submitter. Any mis-identification or reversion requiring reindexing or retreatment of the clone will require repayment of the initial fee.

That it warrants that the clone is not in violation of state and federal laws regarding plant variety introduction and warrants that possession and use of the plant material by WSU in accordance with this Agreement does not infringe on any proprietary or intellectual property rights held by others.

4. IT IS MUTUALLY AGREED THAT:

Should materials provided be found to contain diseases not subject to elimination by normal project procedures or a significant exotic pest or pathogen, the WSU/CPCNW-FT will destroy all material of the clone held by WSU.

The authorizing agent designated in this agreement may effect removal of the clone from the program by written notice.

The WSU/CPCNW-FT will not be held responsible for any spontaneous genetic change or performance change as a result of testing and treatment of the clone at WSU/CPCNW-FT, nor will the WSU/CPCNW-FT be held responsible for the release of any propagating material unknowingly having any genetic or other change. When material is released, WSU/CPCNW-FT encourages and will facilitate genotyping of material by a third party at the Sponsor's expense.

The WSU/CPCNW-FT will report, to the authorizing agent designated in this agreement, the success or failure of the clone to meet project requirements, but will not be required to provide any other report, either technical or financial.

Fees will be deposited with the WSU/CPCNW-FT and expended in accordance with its policies and procedures. Such funds will be used for salaries, wages, foreign or domestic travel, supplies, or other operational expenditures.

WSU/CPCNW-FT agrees that it shall not release the budwood material to any third party without prior written permission of the authorizing agent designated in this agreement.

WSU/CPCNW-FT agrees to provide to the Sponsor copies of tracking documents, commercial invoices of all material shipped in accordance with item 4(6).

WSU/CPCNW-FT agrees to include intellectual property statements provided by the Sponsor with all materials shipped in accordance with item 4(6).

WSU/CPCNW-FT reserves the right of review limited to presentation and attribution of the data. Authorship will be in accordance with academic standards, and ownership of the copyright of the publication is under the policies of the author's institution.

The name of Washington State University or any of its departments or personnel or WSU/CPCNW-FT project shall not be used in advertising in connection with the work or results under this project without written permission of the Director of the WSU/CPCNW or a designated representative.

WSU Clean Plant Center – Northwest for Fruit Trees

Purchase Terms and Agreement

WHEREAS, WSU/CPCNW-FT desires to provide for the propagation and distribution of certain special clones of various plant materials maintained at WSU/CPCNW-FT located at WSU-Irrigated Agriculture Research and Extension Center (“IAREC”), 24106 N. Bunn Road, Prosser WA 99350-8694, and

WHEREAS, Purchaser desires to propagate and sell said plant material;

NOW, THEREFORE, the parties agree as follows:

WSU/CPCNW-FT shall deliver to Purchaser only those materials lindicated on the CPCNW-FT invoice. All plant material is sold F.O.B. WSU-IAREC. Purchaser agrees to pay all costs of delivery and assumes all risks during shipment.

Purchaser agrees to pay for said materials at WSU/CPCNW-FT prices in effect on the date of the order. Material will be delivered upon receipt of payment in-full and a signed Purchase Agreement. Checks must be made payable to WSU/CPCNW-FT, at Washington State University – I.A.R.E.C., 24106 North Bunn Road, Prosser, WA 99350. Purchaser may elect to pay via credit card only through the WSU online payment site.

Purchaser agrees to purchase all plant material "as is" and "with all faults." The WSU/CPCNW-FT has attempted to locate and identify plant material that is true to variety and has tested negative on specific virus indicators. The WSU/CPCNW-FT makes no warranty, express or implied, regarding plant material sold hereunder. The WSU/CPCNW-FT disclaims any warranty of merchantability or fitness for a particular purpose or any further obligation or liability on the part of the WSU/CPCNW-FT. The WSU/CPCNW-FT further disclaims liability for any loss or damage, consequential or otherwise, resulting from damaged or defective plant materials. It is understood and agreed that the WSU/CPCNW-FT will not be responsible for any loss sustained by reason of defects or problems developed or discovered after the plant materials provided hereunder have matured. The WSU/CPCNW-FT is not responsible for any latent defect in plant materials sold. The WSU/CPCNW-FT is not responsible for any genetic defect or other defect which occurs or which becomes manifest after the sale of plant materials or which occurs or becomes manifest in progeny of materials sold hereunder. It is understood and agreed that in no case will the purchaser of plant material be entitled to other than a refund of the purchase price thereof or, at the option of the WSU/CPCNW-FT, replacement of plant materials.

This constitutes the entire understanding between the parties of this matter and supersedes all other agreements, written or oral, between the parties.